- 10 - it discovered a transaction that would become known as the Omega transaction. A. The Omega Transaction and Petitioner's Discovery of Misleading Financial Reporting by G�nther’s Management In the Omega transaction, G�nther transferred machinery to Omega-Reed GmbH (Omega), a no-asset corporation owned by one of G�nther’s former employees, in exchange for Omega’s promise to produce switches for G�nther at a reduced cost and for a promise to pay in the future. Despite Omega’s tenuous financial condition, no security agreement was executed in connection with the transfer. In an apparent effort to hide G�nther’s true financial condition, G�nther’s management originally reported a profit of DM 2,900,000 on the Omega transaction and booked the amount due as a receivable from Omega in G�nther’s books and records for FYE April 30, 1992.11 Any profit, however, was contingent upon the receipt and sale of Omega products to G�nther's customers over a multiyear period, and thus was extremely speculative. After petitioner discovered the Omega transaction in July 1992, Flint's president, Paul K. Lackey, Jr., dispatched senior management to Germany immediately, and Mr. Lackey soon followed. 11The alleged profit was backed out and recharacterized in G�nther’s commercial report for FYE April 30, 1992, and litigation was filed to recover the machinery. Although G�nther eventually recovered at least some of its machinery, the machinery had been stripped of its operating controls and essentially was worthless by the time the machinery was recovered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011